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2024 Supreme(Gau) 11

MITALI THAKURIA
Lige Ori, S/o Shri Moli Ori – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. Kato
For the Respondent: Ms. T. Jini, Mr. D. Kamduk, for R-2

JUDGMENT :

Heard Mr. M. Kato, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. D. Kamduk, learned counsel for the respondent No. 2.

2. This is an application under Section 439(2) of the Code of Criminal Procedure, 1973, for cancellation of bail order dated 18.07.2023, passed by the learned Sessions Judge, Aalo, in B.A. No. 13/2023, in connection with Aalo WPS Case No. 11/2023, under Sections 376/511/354/506 of the Indian Penal Code readwith Section 8 of the POCSO Act, 2012.

3. The brief facts of the case is that an F.I.R. was filed before the Officer-In-Charge, Women Police Station, Aalo, West Siang District, Arunachal Pradesh, on 03.07.2023, alleging inter alia that on 01.07.2023, at around 1.45 p.m., the victim, namely, Ms. X (name withheld), aged about 13 years, was locked inside the room by the present accused/respondent No. 2 and attempted to commit rape on her and in that process, the accused sexually assaulted her and also kissed her in her private parts several times. The accused also threatened her not to disclose to anyone about the incident. Thereafter, on the strength of the said F.I.R.,

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